Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waikato BOP H 29 April 2021 – R 2 – Chair, Mr A Godsalve

ID: JCA18052

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms N Chilcott - Licensed Open Driver

Information Number:
A14206

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 29 April 2021

Meet Chair:
AGodsalve

Race Date:
2021/04/29

Race Number:
R2

Decision:

As Ms Chilcott has admitted the breach the charge is proved.

Penalty:

Ms Chilcott was fined $300.

Facts:

Following the running of Race 2, Mr Mulcay submitted an Information alleging that Ms Chilcott, driving IDEAL TOMADO, drove carelessly approaching the 1700m when easing the pace in the running line, which resulted in a chain reaction back through the field.

Ms Chilcott was present at the hearing and acknowledged that she understood the Rule and that she admitted the breach.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Mr Mulcay used the films to identify the horse IDEAL TOMADO as the field neared the 1700m mark. The race was over 2200m, and IDEAL TOMADO was racing on the outside of the leader THE SPORTSMAN (Mr B Butcher). Both horses were racing quite fiercely, and Ms Chilcott had been unable to cross THE SPORTSMAN. She then began to ease her drive and came back onto TINTORETTO (Mr A Poutama) who had to take some evasive action, in turn, inconveniencing horses behind him including TUXEDO BROMAC (Mr D Butcher). In turn, NYLA (Mr Z Butcher ) was also pushed out slightly towards the rear of the field. Mr Mulcay added that he felt the effects of Ms Chilcott's actions were 'minimal'.

Ms Chilcott said that she had admitted the breach although she thought she was somewhat a 'victim of circumstances' in that the horse on her inside had also eased after racing hard. She agreed that it was her driving which was responsible for horses behind her becoming placed in difficult positions for a short time.

Submissions for Penalty:

Mr Mulcay stated that Ms Chilcott had admitted the breach, and that she had a clear record under this Rule. He referred to the JCA Penalty Guide which provides a starting point of a $500 fine or a 10 drive suspension. Mr Mulcay added that he felt the incident was at the lower end of the scale, other drivers had managed to evade any real trouble, and felt that a monetary penalty may be appropriate.

Ms Chilcott said that she was in a position to pay a fine.

Reasons for Penalty:

The Committee determined that while several horses were affected, there were none whose chances in the race were impacted to any real degree. Ms Chilcott is an experienced Driver and most probably did the best she could under the circumstances when both her and the horse alongside her eased the pace after racing too fiercely.

The JCA Penalty Guide provides a fine of $500 or a 10 drive suspension as starting points and the Committee determined that a fine in line with fines imposed on other drivers in similar circumstances would be appropriate.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: e74e73d61c8765ca32b07020683119d6


informantnumber: A14206


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 29/04/2021


hearing_title: Waikato BOP H 29 April 2021 - R 2 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 2, Mr Mulcay submitted an Information alleging that Ms Chilcott, driving IDEAL TOMADO, drove carelessly approaching the 1700m when easing the pace in the running line, which resulted in a chain reaction back through the field.

Ms Chilcott was present at the hearing and acknowledged that she understood the Rule and that she admitted the breach.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Mr Mulcay used the films to identify the horse IDEAL TOMADO as the field neared the 1700m mark. The race was over 2200m, and IDEAL TOMADO was racing on the outside of the leader THE SPORTSMAN (Mr B Butcher). Both horses were racing quite fiercely, and Ms Chilcott had been unable to cross THE SPORTSMAN. She then began to ease her drive and came back onto TINTORETTO (Mr A Poutama) who had to take some evasive action, in turn, inconveniencing horses behind him including TUXEDO BROMAC (Mr D Butcher). In turn, NYLA (Mr Z Butcher ) was also pushed out slightly towards the rear of the field. Mr Mulcay added that he felt the effects of Ms Chilcott's actions were 'minimal'.

Ms Chilcott said that she had admitted the breach although she thought she was somewhat a 'victim of circumstances' in that the horse on her inside had also eased after racing hard. She agreed that it was her driving which was responsible for horses behind her becoming placed in difficult positions for a short time.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Chilcott has admitted the breach the charge is proved.


sumissionsforpenalty:

Mr Mulcay stated that Ms Chilcott had admitted the breach, and that she had a clear record under this Rule. He referred to the JCA Penalty Guide which provides a starting point of a $500 fine or a 10 drive suspension. Mr Mulcay added that he felt the incident was at the lower end of the scale, other drivers had managed to evade any real trouble, and felt that a monetary penalty may be appropriate.

Ms Chilcott said that she was in a position to pay a fine.


reasonsforpenalty:

The Committee determined that while several horses were affected, there were none whose chances in the race were impacted to any real degree. Ms Chilcott is an experienced Driver and most probably did the best she could under the circumstances when both her and the horse alongside her eased the pace after racing too fiercely.

The JCA Penalty Guide provides a fine of $500 or a 10 drive suspension as starting points and the Committee determined that a fine in line with fines imposed on other drivers in similar circumstances would be appropriate.


penalty:

Ms Chilcott was fined $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Ms N Chilcott - Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 520e6a8d9d81150279822a9494d02060


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e831039c0f28a5341736694fc2a0f546


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/04/2021


meet_title: Harness Racing Waikato - 29 April 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato